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#1 Posted : 14 June 2007 09:33:00(UTC)
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Posted By Rob French
Colleagues,
can I run this past yourselves, we are all set for the above with our company creating a policy that encompasses the whole of our property not only buildings but car parks aswell, fine no problem. The senior management are asking for each of our building locations to provide an 'exclusion zone' with the idea of preventing our staff from smoking just out side the building on the pavement. Although I am not a smoker myself I have concerns that we will be creating a no smoking area that includes large areas of the public highway/pavement, can you please give me your thoughts,

Rob.
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#2 Posted : 14 June 2007 09:47:00(UTC)
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Posted By Tabs
Your senior management might need to make it part of the terms and conditions, but they probably can do it.

A lot of companies include a clause about bringing the company into disrepute - which effectively says don't be naughty outside work time or property ... and get away with it. They could simply make this a similar clause.

I don't think they could stop non-employees smoking on a public highway though. Regardless of how important they think they are.

So your guys will probably stand in front of your neighbour, and theirs will stand in front of yours ;-)
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#3 Posted : 14 June 2007 09:56:00(UTC)
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Posted By holmezy


Rob,

I can't see how you can stop people smoking on the public pavements outside buildings. I can understand that it might be bad for company image to have a group of smokers huddled around the entrance to a building but they are then off company premises.

Another thing to think about, do you still pay them for leaving company premises to have a smoke? How do non smokers feel about it, especially if they dont get the same "breaks" etc?

I'm sure that some companies will recieve fines or a stern warning, but in todays world, with all the other stuff to worry about, I cant see it being on top of anyones hit list.

I've already offered to drive up and down the Motorways with a camera, ( fixed, automatic and hands free, of course) catching drivers still using mobile phones for a tenner a time, perhaps I can combine this with "catching smokers". I can feel a cottage industry coming on!

Holmezy
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#4 Posted : 14 June 2007 10:00:00(UTC)
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Posted By Dave West
Another area where the regs have it wrong. We have to prevent smoke entering the bulding though as the land outside is council property Smokefree England said there is nothing we can do.

What we have done is what has been said above. We made it company policy that nobody would be able to gather at the front of the building as it portrayed a poor company image for a medical manufacutrer. We had a months consultation period where the workers were given the chance to come up with alternative ideas (which the didn't) and this went in force from June 1st and is totaly seperate from the smoking ban.
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#5 Posted : 14 June 2007 10:14:00(UTC)
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Posted By Rob T
Of course you can't stop people smoking in external public areas however you can stop employees leaving the premises during work time if you want to treat people like kids in school (they'll find the "bike sheds" in any case). I wouldn't advise it though as you will cause resentment and high levels of stress. (Contrary to some people on here, I happen to think that smokers are just as human as anyone else and not child-killing psychopaths). After all it doesn't present any known hazard (people smoking in the open air), even to the oiks from ASH. ASH have even said themselves (reported in the Telegraph last week) that they weren't trying to stop smokers from smoking outside (even though we all know they were lying about that! but it's in writing now!).

Let's get some sense of proportion here!
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#6 Posted : 14 June 2007 10:22:00(UTC)
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Posted By Tabs
Sorry if this hijacks your thread, but Dave wrote: "We have to prevent smoke entering the bulding"

Did I miss something? The Regs talks about smoking, but I can't see a reference to preventing smoke entering.
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#7 Posted : 14 June 2007 10:49:00(UTC)
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Posted By Frenchie
What worries me is that we are potentially saying to our employees although there is no identification of who you are, you are on public property and you are on an unpaid break you cannot smoke, and I can see this upsetting some people bringing up their rights etc.

Rob.
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#8 Posted : 14 June 2007 11:57:00(UTC)
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Posted By Merv Newman
Isn't this a tricky one ?

You can't stop people smoking on the public highway.

But you could stop employees from taking unauthorised breaks. Or require them to make up the time.

I have one site where "travellers" burn off the insulation from stolen cable. Police are useless. What do I do ?

expletive deleted

Merv
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#9 Posted : 14 June 2007 12:22:00(UTC)
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Posted By DRB
A lot of offices in the City (London) won't allow their employees to smoke just outside the building. It works without any problems even though the area is a public thoroughfare. Additionally why should you visitors have to walk through a load of second hand smoke when they visit your premises? If a building is smokefree then so should the entrance/exit!
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#10 Posted : 14 June 2007 17:12:00(UTC)
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Posted By Bob Shillabeer
DRB, how right you are. There is no legal restriction about smoking in a public place provided it is not substantially enclosed. Wait until winter comes you will see less and less smokers going outside period.
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#11 Posted : 14 June 2007 17:40:00(UTC)
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Posted By Merv Newman
I still reckon that "smoke breaks" should be made up at the end of the day. You take 5 ten minute breaks to smoke a fag, you owe me 50 minutes.

Those who dont smoke go home at 5pm, You go at 5h50.

Cats/pigeons ?

Why is no-one arguing with me today ?

Merv
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#12 Posted : 14 June 2007 21:48:00(UTC)
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Posted By Ken Taylor
I hope that IOSH and other professional bodies will take note of this and ban tobacco-addicted delegates to their seminars, conferences, etc from hanging around the entrances during the breaks while getting their 'fixes'. It looks very bad, smells awful and presents a health risk to others (particularly asthmatics).

On the main question, it would be better, if possible, to identify an on-site open area (away from non-smokers) where smokers can indulge in their addiction - so that you will know where they are and will be less-likely to 'drive' them into secret 'smoking dens' with the attendant fire risk to the premises.
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#13 Posted : 15 June 2007 09:07:00(UTC)
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Posted By J Knight
we're having a discussion about this at work, but in our case its slightly more complicated: many of our workers wear uniforms.

One of our Care Centres is in a public park, and has, effectively, no grounds of its own. If workers are to be able to smoke they have to go to a public place to do it. Senior managers want to ban our employees from smoking in public in uniform. I (although a non-smoker and in favour of the ban in general) think this is probably a really bad idea. If we don't let smokers smoke at all, I reckon they will walk, and recruitment isn't easy; plus if I was them I would certainly feel my morale dropping through the floor,

John
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#14 Posted : 15 June 2007 09:45:00(UTC)
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Posted By Merv Newman
John,

I'm being frivolous here. So, no smoking in uniform. Y-fronts and cami-knickers OK ?

TGIF

Actually, there is a serious point. Are the employers worried about health or image ?

I understand that you are a "care" organisation. Is there any possibility of asking smokers to use a "discrete" area with less public exposure ? Preferably supplied with an ash tray ?

Merv
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#15 Posted : 15 June 2007 10:17:00(UTC)
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Posted By J Knight
Merv,

Yes, it is about professionalism and health-promotion, you have hit the nail on the head. I suppose its all complicated by the fact that one of our healthcare focuses is on palliative care, which until lately has been mainly about cancer; you get the picture I'm sure.

We will provide discrete areas in most places; the particular problem is the centre in the park, where we literally have no grounds, apart from two small areas which really aren't suitable for smokers (or really anybody else) to lounge around in.

I think we should let them use the car-park, as even though that's not 'ours' we do have reasonably exclusive use of it. It is visible from elsewhere in the park, and therein lies the problem for our managers.

So I guess, on the wider matter being discussed on this forum, I would say that we should provide smokers with somewhere they can go if we possibly can, and if they can't be identified by the public then what's wrong with them going onto the public road; if you don't want them congregating around the entrance then make the entrance a non-smoking area for staff,

John
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#16 Posted : 15 June 2007 11:17:00(UTC)
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Posted By Rob T
Merv/John, Hence the need for smoking rooms. Another bit of legislation made on the hoof without thinking it through and created by people with their own agendas!

Anyway Merv, we haven't got a problem have we - you in France, me in Monaco (or wherever I get sent - they haven't got any restrictions in Nigeria!!!). I can actually smoke in my office if I want to (but I don't coz I actually do think about other people).
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#17 Posted : 15 June 2007 11:33:00(UTC)
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Posted By Merv Newman
Hi Rob

Monaco usually follows French legislation on H&S so if you want to smoke in the office you are going have to install a high velocity air conditioning system. Pulls the wig off.

Nigeria, as an ex-British colony often adopts UK legislation. Except that no-one cares.

Northern Nigeria is even more difficult. Sharia might require female workers to be stoned for not wearing safety shoes.

P.S. do not try to fly out of Nigeria with money in your pocket. They don't like it.

Merv
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#18 Posted : 15 June 2007 17:26:00(UTC)
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Posted By Becky
I Think all employers should think carefully before stopping employees having a smoke break/allowing them to leave the company premises to feed their adiction.
Human nature dictates that people will find a way
I as a (Smoking)Health and Safety Manager of 6 training centers across England I would rather control, and know who is smoking and where, rather than have employees/ clients having a crafty smoke and creating potentially uncontolled fire hazards


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#19 Posted : 15 June 2007 19:39:00(UTC)
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Posted By John Murgatroyd
If they are allowed to smoke on a public footpath or highway, make sure that suitable receptacles for the waste are provided. Or tell the smokers to take their waste products inside with them for disposal. Don't forget: Look out, there's council rubbish watch there somewhere !
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#20 Posted : 16 June 2007 00:32:00(UTC)
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Posted By Ken Taylor
There's a similar issue with schools. Smoking rooms allowed the addicts to engage in their filthy habit away from the direct observation of the pupils. Images of their mentors and potential role-models in clouded huddles in school grounds or by school gates seem less than desirable and against educational guidance.
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#21 Posted : 16 June 2007 04:32:00(UTC)
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Posted By Merv Newman
Ken,

you are assuming/proposing that only teachers smoke. Where does a 13 year old do his/her crack ? Or even a swift shoot-up ?

There are more serious problems than passive smoking.

Merv
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#22 Posted : 17 June 2007 17:19:00(UTC)
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Posted By Ken Taylor
It's always seemed a strange argument that because there is something more serious one should not address a less serious issue. Smokers have tended to be rather fond of this particular 'defence'. Resources are rarely that limited that only the most serious should demand attention.

Perhaps the image of smoking teachers has contributed to the use of drugs by pupils. Traditionally we have expelled the pupils and hidden the teachers in smoking rooms - a provision that I have long supported.
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